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McMILLIAN v. JOHNSON

No. 95-6369.

88 F.3d 1573 (1996)

Walter McMILLIAN, Plaintiff-Appellant, v. W.E. JOHNSON, Morris Thigpen, Tom Allen, Marian Shinbaum, Charlie Jones, et al., in their individual capacities, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 9, 1996.

Attorney(s) appearing for the Case

Robert B. McDuff, Jackson, MS, Windell C. Owens, Jack Booker Weaver, Monroeville, AL, for Appellant.

Andrew W. Redd, Ala. Dept. of Corrections, Montgomery, AL, for Johnson, Allen, Shinbaum, Jones.

Kendrick E. Webb, Kristi A. Dowdy, Bart Harmon, Webb & Eley, Montgomery, AL, for Tate, Monroe Co.

Before COX and BARKETT, Circuit Judges, and PROPST, District Judge.

COX, Circuit Judge:

I. FACTS AND PROCEDURAL BACKGROUND1

Walter McMillian was convicted of the murder of Ronda Morrison and sentenced to death. He spent nearly six years on Alabama's death row, including over a year before his trial. The Alabama Court of Criminal Appeals ultimately overturned McMillian's conviction because of the state's failure to disclose exculpatory and impeachment evidence. McMillian v. State,

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